Berthage Dues (Amendment) Regulations, 2010

L.N. 228 of 2010

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

PORTS AND SHIPPING ACT

(CAP. 352)

Berthage Dues (Amendment) Regulations, 2010

IN exercise of the powers conferred by article 43(3) of the

Authority for Transport in Malta Act and article 27 of the Ports

and Shipping Act, the Minister for Infrastructure, Transport and

Communications, in consultation with the Authority for Transport

in Malta and in concurrence with the Minister of Finance, the

Economy and Investment, has made the following regulations

(1) The title of these regulations is the Berthage

Dues (Amendment) Regulations, 2010 and they shall be read

and construed as one with the Berthage Dues Regulations, 2005,

hereinafter referred to as “the principal regulations”.

(2)

These regulations shall come into force on the 1st

May, 2010.

In regulation 1 of the principal regulations, for the words

“Berthage Dues Regulations” there shall be substituted the words

“Berthage and Anchorage Dues Regulations”.

Regulation 2 of the principal regulations shall be

amended as follows

(a) immediately after the definition “the Act”, there

shall be added the following new definition

“ “anchorage zones” means those zones within

the ports, internal waters or territorial waters of Malta

designated by the Authority wherein vessels are allowed

to anchor in order to receive any service from Malta, and

includes stopping zones;”;

(b) in the definition “berth”, the words from “, and also

includes” to “waters of Malta” shall be deleted; and

(c) in the definition “operation”, immediately after the

word “berth” there shall be added the words “or anchored in

an anchorage zone”.

For regulation 3 of the principal regulations there shall be

substituted the following

3. Every vessel at a berth or anchored in

“Berthage and

an anchorage zone which are under the control or

management of, or are being operated by the Authority,

within a port, the internal waters or the territorial

waters, shall be subject to berthage or anchorage dues as

specified in the Schedule

Provided that such berthage or anchorage dues

shall not apply to

(a) a vessel that is charged a due, for the

use of aberth or an anchorage zone, in terms

of other legislative provisions or arrangements

and agreements concluded and approved by the

Authority; and

(b) a vessel belonging to a foreign

Government, provided it does not engage in trade

or commerce.”.

For regulation 8 of the principal regulations there shall be

substituted the following

“8. The Authority may exempt any vessel from

the payment of berthage or anchorage dues subject to any

condition which it may deem fit to impose.”.

For the Schedule to the principal regulations there shall

be substituted the following:-

B

“SCHEDULE

(Regulation 3)

1. Every vessel at a berth or anchored in an anchorage zone under the control

and management of the Authority shall be subject to berthage or anchorage dues for

every period of 24 hours and part thereof as follows

Berthage

Anchorage Dues

Anchorage Dues

Dues

as from

as from

1st May 2010

1st May 2011

LOA less than

€ 80

€110

€160

80 metres

LOA between

80 metres and

€115

€160

€230

200 metres

LOA over

€175

€245

€350

200 metres

2. The Authority may levy dues at an increased rate, varying between 200%

and 500% of the dues specified in paragraph 1, if, in its opinion, the master, owner,

or agent of the vessel, without a reasonable justification

(a) postpones the commencement of an operation after the arrival of

the vessel at a berth or after anchoring in an anchorage zone; or

(b) leaves the vessel idle at berth or anchored in an anchorage zone for

a period of time without carrying out any operation, even after an operation

has commenced and has subsequently been suspended; or

(c) delays the sailing of the vessel from a berth or from an anchorage

zone after the completion of an operation; or

(d) fails to carry out a direction by the Authority to vacate a berth or

from the anchorage zone within a period of time established by the Authority

in a written notice; or

(e) leaves a vessel at a berth or anchored in an anchorage zone for a

longer period than that established by a written agreement entered into with

the Authority.

3. When a vessel is ordered by the Authority to shift from one berth to

another, the length of stay shall be calculated as though the vessel had been at berth

for the whole duration.

4. When a vessel is ordered by the Authority to shift from one anchorage

zone to another, the length of stay shall be calculated as though the vessel had been

in the same anchorage zone for the whole duration.

5. When a vessel is ordered by the Authority to shift from a berth to an

anchorage zone, the length of stay shall be calculated as follows

(a) for the period during which the vessel is at berth including the

time take to shift from the berth to the anchorage zone, berthage dues shall be

charged; and

(b) for the period during which the vessel is anchored in the anchorage

zone, anchorage dues shall be charged.

6. When a vessel is ordered by the Authority to shift from an anchorage zone

to a berth, the length of stay shall be calculated as follows

(a) for the period during which the vessel is anchored in the anchorage

zone including the time taken to shift from the anchorage zone to the berth,

anchorage dues shall be charged; and

(b) for the period during which the vessel is at berth, berthage dues

shall be charged.”.

€0.37